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1. 2021-05-24 Chapter 10 of Regulatory Impact Analysis - Action for healthy waterways - Part II [pdf, 602 KB]

   ...a freshwater objective below a national is fettered by the National Policy Statement for Renewable Electricity Generation which requires regional councils to recognise the benefits of renewable electricity generation activities. The problem Environmental constraints on the operation of hydroelectric schemes are established through the conditions of their resource consents, which must comply with the relevant provisions of the regional plan. There are several consenting processes for...

2. [2023] NZEnvC 010 The Royal Forest and Bird Protection Society of New Zealand Incorporated v Marlborough District Council [pdf, 8.6 MB]

   ...Resource Management Act 1991 an appeal under clause 14 of the First Schedule of the Act THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2020-CHC-64) and all other appellants concerning the proposed Marlborough Environmental Plan who are a party to the King Shag and Important Bird Area sections of the Indigenous Biodiversity Appeals. Appellants IvlARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279...

3. [2024] NZEnvC 192 Auckland Council v Eco Earth NZ Limited [pdf, 211 KB]

   ...previously issued interim enforcement orders in relation to the Site.1 This application does not seek to replace the earlier interim enforcement orders of 4 July 2024. An order is sought to supplement the existing orders and to address additional environmental issues on the Site. [4] This application for an interim enforcement order seeks the immediate cessation of all earthworks on the Site, including all importation of fill onto the Site. Evidence in support [5] The Council...

4. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   ...in this case. [25] A high standard must be met to justify the award of costs against a public body. Unless the public body has failed to perform its duties or it has acted unreasonably, the standard will not be met. [26] Justice Cooke held in Environmental Protection Authority v BW Offshore Singapore Pte Ltd that the underlying reason for the high standard is as follows: 14 When a decision-making body exercises statutory powers, it may be appropriate for it to appear and address evi...

5. 2023-09-20-Joint-Memorandum-re-oustanding-issues-timetable.pdf [pdf, 192 KB]

   ...(together the Equestrian Parties) are counted as one section 274 party. BF\64286191\1 Page 3 (iii) John Brown; (iv) Jan Windleburn; (v) Rochelle Murray-Apatu; (vi) Sarah Hodge (added here as awaiting a response); and (vii) Te Ao Tūroa Environmental Centre (Rangitāne o Manawatū) whose issues will be covered by Siobhan Karaitiana). (d) Counsel for Waka Kotahi understand the following five parties do not intend to present at the hearing: (i) Gary Williams; (ii) Ch...

6. [2024] NZEnvC 285 Valentine v Auckland Council [pdf, 232 KB]

   ...The parties agree that the application can be dealt with on the papers. Evaluation [12] I observe that the scope of s 104(3)(d) has been addressed in at least two Environment Court decisions that I have been able to locate: (a) Oasis Clearwater Environmental Systems Limited v Selwyn District Council;11 and (b) Maungaharuru-Tangitu Trust v Hawke’s Bay Regional Council.12 11 Oasis Clearwater Environmental Systems Limited v Selwyn District Council NZEnvC Christchurch, Environmen...

7. 2021-11-03 ORC - RPW Chapters - clean version [pdf, 8.2 MB]

   ...to the discharge. Principal reasons for adopting This policy is adopted to ensure that consideration is given to appropriate means for avoiding, remedying or mitigating the adverse effects of contaminants on water or land, to enable the most environmentally sound means to be adopted. Rules: 12.A.2.1, 12.B.2.1, 12.B.3.1. 7.C.3 When considering any resource consent to discharge a contaminant to water, to have regard to any relevant standards and guidelines in imposing condit...

8. 2021-11-03 ORC - RPW Chapters - tracked version [pdf, 8.2 MB]

   ...to the discharge. Principal reasons for adopting This policy is adopted to ensure that consideration is given to appropriate means for avoiding, remedying or mitigating the adverse effects of contaminants on water or land, to enable the most environmentally sound means to be adopted. Rules: 12.A.2.1, 12.B.2.1, 12.B.3.1. 7.C.3 When considering any resource consent to discharge a contaminant to water, to have regard to any relevant standards and guidelines in imposing condit...

9. 2021-11-05 ORC - RPW Chapters - tracked version - updated [pdf, 8.3 MB]

   ...to the discharge. Principal reasons for adopting This policy is adopted to ensure that consideration is given to appropriate means for avoiding, remedying or mitigating the adverse effects of contaminants on water or land, to enable the most environmentally sound means to be adopted. Rules: 12.A.2.1, 12.B.2.1, 12.B.3.1. 7.C.3 When considering any resource consent to discharge a contaminant to water, to have regard to any relevant standards and guidelines in imposing condit...

10. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

    ...strategy prevail over any inconsistent National Policy Statement, s 12 of the Settlement Act and the vision and strategy for the River is contained at s 17 of the Act. The Consent Authority and the Court in this case must have regard to the Tainui Environmental Plan as a relevant consideration under s 104( 1 )( c). [26] The requirements under s 4 7 of the Act apply to the use of or activities on the surface of the Waikato River and thus are not directly relevant in this case. Nevert...